Tuesday, 28 March 2017

28 March 2017 – The Justice for Subpostmasters Alliance (JFSA) announced today that the Group Litigation Order (GLO) against Post Office Ltd has now been approved by the President of the Queen’s Bench Division of the High Court, which means that the case will continue through the court as a group action. Post Office Ltd is defending the claim.

Over 1,000 subpostmasters from across the UK have applied to join the action.

While the grounds of the case may be subject to revision as the matter proceeds, the claim focuses on a number of areas – particularly the true nature of the contract between the subpostmasters and Post Office Ltd in terms of the Horizon operating system, and the way in which Post Office has dealt with alleged shortfalls.

The claim covers training and support, the proper recording of transactions, liability for claimants to pay alleged shortfalls of cash or stock and the processes for identifying, investigating and recovering shortfalls. The claim will also look at Post Office Ltd’s rights to terminate subpostmaster contracts and will examine issues of “good faith, fair dealing, transparency, co-operation and trust and confidence.”

Alan Bates of the JFSA said: “The case is now up and running and we have had over 1,000-plus candidates come forward so far. Subpostmasters now have until 26 July to join the action before the cut-off, which prevents new claimants joining the claim thereafter.

“Subpostmasters have brought the claim to force Post Office Ltd to accept responsibility for the flaws in its Horizon operating system, for its refusal properly to investigate accounting shortfalls and for its shoddy and careless treatment of postmasters who have lost their liberty, livelihood or savings because Post Office Ltd wrongly accused many of them of theft or fraud. As well as a court finding of responsibility, the claimant group will be seeking appropriate financial compensation in respect of loss and damage suffered.”

The claim also seeks to establish whether subpostmasters were placed under duress by Post Office Ltd when they signed off incorrect accounts or when they resigned.

Bates added: “We are looking to establish that Post Office Ltd acted ‘unconscionably’, in other words harshly, oppressively or beyond what would be considered normal commercial bargaining. If that was the case, we’ll seek to establish whether this has a bearing on either the signing of the accounts or forced resignations. We are also concerned that individuals may have been unlawfully harassed and also whether Post Office can be held liable for damages in terms of the stigma created around the affected subpostmasters, for their loss of reputation and the stress caused as a result of these serious breaches of legal obligations.”

Any subpostmaster who was in post since 1999 and experienced issues with Post Office Limited and its Horizon system including alleged shortfalls or discrepancies or other issues from using the system, may be eligible to join the case. Either go to the website, www.poclaims.co.uk, contact poclaim@freeths.co.uk or call 0800 304 7727.

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This is my blog - a mishmash of things which includes a lot of material about the Post Office Horizon story, currently going through the High Court and being investigated by the Criminal Cases Review Commission. If you want to have a look at my presenter website, with my TV and radio credits it's here. If you want to do some public speaking training with me, find out how here.